New Florida PIP Law: How It Affects Injured Motorists' Rights

The Florida legislature’s changes in Personal Injury Protection (PIP)
law due to take effect on January 1, 2013 were passed under the guise of
preventing insurance fraud, but in reality hurt multiple non-insurance
groups in Florida, including some medical providers and especially
injured motorists. This new law is predicted to allow insurance
companies to collect similar or higher rates while providing fewer
benefits to policyholders. Florida requires each driver to carry at
least $10,000 in PIP coverage, which allows a Florida motorist to
receive medical benefits if involved in an accident, even if the
accident is their fault.

As part of the changes, individuals injured in car accidents will have
only 14 days to seek initial treatment as opposed to the previous policy
that placed no time limit on treatments. If treatment is sought after
two weeks, nothing will be reimbursed by the insurance company. Further,
policyholders may be eligible for only $2,500 in coverage, as opposed to
the previous limit of $10,000. Only those with serious injuries are
eligible for the higher limit, while those with less severe injuries
will receive only up to $2,500. According to the Tampa Bay Times
patients will need certification by a medical doctor, osteopathic
physician, dentist, physician assistant, or advanced registered nurse
practitioner corroborating that the injury required immediate medical
attention.

In addition to those injured, massage therapists and acupuncturists will
no longer be allowed to treat patients under PIP. Even more worrisome to
Florida citizens is that the law does not require insurance companies to
notify policyholders that changes are forthcoming, effectively pulling
coverage away from them without their knowledge or understanding. The
new PIP law forces insurance companies to reduce their PIP rates by at
least 25% by 2014, but they may petition the government to be excluded
from these requirements. As many are receiving exceptions to the law,
the changes have a chilling effect of ripping benefits from
policyholders and proving a windfall for insurance companies. Since,
according to the Bradenton Herald, PIP coverage only covers about
20 percent of a driver’s insurance bill, this bill (even if actually
followed by insurance companies) would likely not decrease rates enough
to offset the reductions in coverage Floridians are soon to experience.

The constitutionality of this new law will undoubtedly be challenged by
multiple different groups. A coalition of Florida massage therapists,
chiropractors, and acupuncturists have filed a lawsuit fighting the
limits the new law puts on what types of medical professionals and
procedures will be covered after an accident.

The 14-day limit sets an extremely small window for injured motorists to
seek medical treatment, and thus many drivers that hesitate to seek help
immediately will likely be shut out of PIP compensation. Due to this
change, it is absolutely critical for those injured in auto accidents to
contact a Morgan & Morgan PIP attorney
immediately following an accident to ensure that
their rights are protected.